PROVINCE OF BRinSH COLUMBIA

ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Ord6r in Council No. , Approved and Ordered

Deutenant Governor

Executh'e CouocU Chambers, V~etoria

On the recommendation of lhe undersigned, the Lieutenant Governor, by and with lhc advice and consent of lhe Executive Council, orders that

(a) lhe Child Care Licensing Regulation. B.C. Reg. 33212007. is amended as set out in the attached Schedule l,

(b) the Community Care and Assisted Living Regulation, B.C. Reg. 21712004, is amended as set out in lhe attached Schedule 2,

(c) the Residential Care Regulation, B.C. Reg. 96/2009, is amended as set out in lhe attached Schedule 3,

(d) effective on the date that section 1 of the Tobacco Conrrol Amendm~nr Act, 2015, S.B.C. 2015, c. 11, is brought into force. the Child Care Licensing Regulation is amended as set out in the attached Schedule 4. and

(e) effective on the date that section 1 of the Tobacco Control Ame~nt Act, 2015 is brought into force.lhe Residential Care Regulation is amended as set out in the attached Schedule S.

Minister of Health Presiding Member of the Executive Council

(This pon is for Gdtnilllstnu/~ plll'pi)J'el unly tmd is nO# pon of 1M Otrlrr.J

A•tllority uder ,.ith Order il made:

Act aod section: Comm1111ity Ca~ and Assist~d Living Act, S.B.C. 2002, c. 75, s. 34

Other: OICs 72812CX17; 47612004; 22512009

June 2,2016

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R/487/2016133

526 July 18, 2016

DEPOSITED

B.C. REG. __________

July 19, 2016

178/2016

SCHEDULE 1

1 Section 1 of the Child Care Lkenslng Regulation, B.C. Reg. 33212007, is amended

(a) by adding the following definition:

"clay of school closure" means any day on which school is closed to students, including the following days: (a) a day in the summer, spring or winter vacation; (b) a statutory holiday; (c) a day a school is closed as a result of a strike or lockout in respect of some

or all of the employees of the board of education assigned to the school; (d) a day set aside in the school calendar for an administrative day;

--------------------------~~~~~~~~~~~~oo~~~t~.~~------------------~

attendance; , and

(b) by repealing 1M definition of"period of school closure".

2 Section 2 (1) (d) is amended by slrilcing out '1during periods of school closure," and substituting ' 1on a day of school closure,".

3 Section 3 is amended

(a) in subsection (1) by strWng out "Subject to subsection (2)" and substituting "Subject to subsections (2) and (2.1 )",

(b) by repealing subsection (1) (d) and substiluling thefoUowlng: (d) a program commonly known as a summer camp that

(i) is provided only to children who will be 6 years or older on or before December 31 of the year in which the summer camp operates,

(ii) operates for no more than 13 weeks in each calendar year during the months of June to September, and

(iii) operates only on a day of school closure; (d. I) a program commonly known as a day camp that

(i) is provided only to children who will be 5 years or older on or before December 31 of the year in which the day camp is operated and who are (A) enrolled in and attend a school or francophone school within the

meaning of the School Act, or an independent school within the meaning of the Independent School Act, or

(B) registered under section 13 of the School Act and are provided with an educational program within the meaning of the School Act,

(ii) operates during the months of September to June, and (iii) operates only on a day of school closure;,

(c) by adding lh~ following subs.ction:

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(2.1) A summer camp or day camp is not exempt if it is operated in a single family dwelling. , and

(d) by re~aling subsection (3).

4 Section 4 is repeakd and the joUowing substituted:

Use of terms prohibited H thla regulation does not apply

4 A person who does not hold a licence must not do any of the following in relation to a program for children:

(a) use any of the following phrases in any part of the title or adverti!ling of the program:

(i) Group Child Care;

(ii) Preschool;

(iii) Family Child Care:

(iv) Occasional Child Care:

(v) Multi-Age Child Care:

(vi) In-Home Multi-Age Child Care;

(b) imply, directly or indirectly, in any part of the title or advertising of the program, that the primary purpose of the program is to provide care that is regulated under the Act.

5 Section 11 (4) is DIIUnded by strildng out "the certificate" and substitllling "the certifi­cate, or a copy of the certificate,".

6 Section 16 (1) and (2) is rtp«lkd and the following substituted:

(I) A licensee must have

(a) at least 6 m2 of outdoor play area for each child, or

(b) if the licence provides more than one type of care program. an outdoor play area that meets the requirement set out in paragraph (a) for the type of care program, provided hy the licensee, with the largest maximum group size permitted in Column 2 of the table in section I of Schedule E.

(2) Subsection (1) does not apply to the following:

(a) a licensee who provides a care program described as Occasional Child Care or Child-minding;

(b) a licensee who provides a care program described as Family Child Care, but the licensee must provide an indoor and outdoor play area for children.

(2.1) A licensee may use the same outdoor play area at the same time for more than one care program if

(a) the care programs are of the same type as prescribed in Column I of section I of Schedule E.

(b) there is no inc~USC in the risk to the health and safety of children,

(c) the licensee complies with the requirement set out in subsection ( l) (a). and

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(d) the licensee continues to comply with the ratio of employees to children prescribed in Column 4 of section I of Schedule E.

7 Section 19 is tunended

(a) by repealing subsection (1) (e),

(b) in subsection (4) (a) by strilcillg out "under Division 2/Employee Qualifications}, or" and substiluJillg "under Division 2/Employee Qualifications], which must be verified by the licensee using a system established and maintained by the director of the early childhood educator registry, or'~ IZII4

(c) by adding the joUowing subsection:

(5) Des ite this section, a licensee may employ a person as a volunteer who does not provide care to children or supervise children if the licensee or the manager has first met with the person and obtained all of the following:

(a) a criminal record check for the pen;on;

(b) character references in respect of the person;

(c) evidence that the person has complied with the Province's immunization and tuberculosis control programs.

8 Section 56 is amend.d

(a) by renumbtrillg the section as section 56 (1), and

(b) by adding the foUowing subsection:

(2) A licensee must ensure that the policies and procedures referred to in subsection (I) are implemented by employees.

9 Section I of Schedule H is anuruled by rqealing the ihjinition of "emergency restraint" and substituting tM foUowing:

"emergency restraint", which means a restraint that is necessary to protect the child or others from imminent serious physical harm that is not approved and documented in a child's care plan; •

SCHEDULE2

I Section 2.1 of the Co11tlrUUiity Care and Assisted Living Reglllotion, B.C. Reg. 21712004, is repeahd lliUl the followilcg sllbstiiiiUd:

Prescribed provlnc• and territories

l.l The following provinces and territories of Canada are prescribed for the purposes of section 11 (2) (b) (i) [powers of medical health officer] of the Act:

(a) Alberta;

(b) Manitoba;

(c) New Brunswick;

(d) Newfoundland and Labrador;

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(e) Nonbwest Territories; (f) Nova Scotia;

(g) Ontario;

(h) Prince Edward Island; (i) Qu&ec;

(j) Saskatchewan; (k) Yukon.

SCHEDULE 3

I S~ction 2 of the Ruilklllitll Car~ ReguliJtion, B.C. Reg. 96/2009, is am~nded

(a) by repealing subuction (1) and sulntituti11g th• following:

(1) A prescribed residential program for the purpose of paragraph (b) of the definition of "care" in section I of the Act is Child and Youth Residential. being a program that

(a) provides a type of care set out in subsection (2) to a child or youth, or

(b) promotes or supports the behavioural, intellectual, physical or social development of a child or youth in a therapeutic residential setting. , and

(b) by repealing sldlseclion (2) (b) and rubstituting the following:

(b) Mental Health, being residential care for persons who are in care primarily due to a mental disorder;

(b.l) Substance Use, being residential care for persons who are in care primarily due to substance dependence; •

2 Section 3 is rqetdld and the followilrg substituted:

School realdencea exempted

3 (I) In this section, "school" means any of the following: (a) a school within the meaning of the School Act;

(b) a francophone school within the meaning of lhe School Act;

(c) an independent school within the meaning of the /ntkpendml School Act.

(2) A residential facility is exempt from the Act if

(a) the facility is located wholly on property owned or controlled by a school, and

(b) the facility does not provide a type of care described in section 2 (1) (a) or (b).

3 Section 9 is tUttelld«<

(a) by reJNalhtg 111bsectiolf (I) anti substituting the following:

pqeS orB

(I) A licensee must not suspend. temporarily or pennanently. operation of a community care facility unless the licensee has, at least one year before the suspension begins, given written notice to the following:

(a) a medical health officer;

(b) the persons in care;

(c) the contact persons of the persons in care;

(d) the parents or representatives of the persons in care. ,

(b) by repealing subsection (2) (a) tutd substitllting the following:

(a) at least 120 days before the reduction, expansion or change begins, given written notice to the following:

(i) a medical health offiCer;

(iii) the contact persons of the persons in care;

(iv) the parents or representatives of the persons in care, and , and

(c) by repeaUng subsection (3) (a) and substituting tllefoUowing: (a) either, at least 120 days before the saJe, lease or transfer, given written

noti~e to the following:

(i) a medical health officer;

(ii) the persons in care;

(iii) the contact persons of the persons in care;

(iv) the parents or representatives of the persons in care

or been informed by a medical health officer that notice

(v) need not be in writing, or

(vi) may be given less than 120 days before the sale, lease or transfer, ~. .

4 The foiWwing section is adUd to Division 1 of Part 3:

Helpline for Children

24.1 (I) In this section, "Helpline for Claildren" means the Helpline for Children operated by the Ministry of Children and Family Development.

(2) A licensee must

(a) ensure that a person in care who is receiving a type of care described in section 2 (I) (a) or (b) is advised of the person's right to contact emergency services or the Helpline for Children,

(b) provide the person with contact information for emergency services and the Helpline for Children, and

(c) provide the person with access to reliable communications equipment to contact emergency services or the Helpline for Children in a private setting.

5 Section 37 is tuMIUUd

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(a) in subseetion (1) by 1trildng out "the manager has obtained" and substituting "the manager has first obtained", and

(b) by adding the following subsection:

(3) Despite this section, a licensee may employ a person as a volunteer who does not provide care to persons or supervise persons if the licensee or manager has first met with the person and obtained all of the following:

(a) a criminal record check for the person;

(b) character references in respect of the person;

(c) evidence that the person has complied with the Province's immunization and tuberculosis control programs.

---------&---Seclisn 4l (1) (b) i5 UfMaktl-attd-llle-foUowing-lubsn'tuU'Ik------------------'-- --1

(b) assist persons in care with the activities of daily living, including eating, moving about. dressing and grooming, bathing and other forms of personal hygiene, in a manner consistent with the health, safety and dignity of persons in care.

7 Section 63 (3) (c) (i•) is amended by strilcUig out "or nurse practitioner" and substituting ", nurse practitioner or dietitian".

8 Section 74 (1) (a) is repeaud and the following sulnlituted:

(a) if the restraint is necessary to protect the person in care or others from imminent serious physical harm, or .

9 Seetion 78 is anrended bJ adding tile following subsection:

( 1.1) In addition to the requirements under subsection (I ), a licensee must keep, for each person in care who receives a type of care described in section 2 (1) (a) or (b), a record that the information required to be provided under section 24.1 was provided to the person in care.

10 Seetion 1 of Sclleduh D is tUMruhd bJ npellling tile definition of "emergency restraint" and substituting the following:

"emergency restraint" means any use of a restraint that is necessary to protect the person in care or others from imminent serious physical harm and is not agreed to under section 14/whtm nstraints may be used};.

SCHEDULE 4

1 Section 13 of tile Child Care Ikensing Repllldon, B.C. Reg. 33212007, is anrended

(a) in subsection (3) by striking out "no one smokes" and substituting "no one smokes or uses tobacco, holds lighted tobacco, uses an e-cigarette or holds an activated e-cigarette", and

(b) h1 adding the following subsection:

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(5) In this section:

"activated e-cigarette" bas the same meaning as in the Tobacco and Vapour Products Control Act;

"e-cigarette" has the same meaning as in the Tobacco and Vapour Products Comrol Act;

"tobacco" has the same meaning as in the Tobacco and Vapour Products Control Act.

SCHEDULES

1 S~ction 23 of 1M R~sidential Care RegukUion, B.C. Reg. 96/2009, is repeahtl and th~ following substituted:

Smoking and uae of vapour products

23 (I) A licensee must ensure that

(a) no one other than a person in care smokes or uses tobacco, holds lighted tobacco, uses an e-cigarette or holds an activated e-cigarette while on the premises of a community care facility,

(b) employees do not smoke or use tobacco, use an e-cigarette or hold an activated e-cigarette while supervising persons in care. and

(c) if necessary for the safety of the person in care, a person in care who is smoking or using tobacco, using an e-cigarettc or holding an activated c-cigarette is supervised.

(2) In this section:

"activated e-cigarette" has the same meaning as in the Tobacco and Vapour Products Control Act;

"e-cigarette" has the same meaning as in the Tobacco and Vapour Products ConJrol Act;

"tobacco" has the same meaning as in the Tobacco and Vapour Products Control Act.

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